United States Eighth Circuit

A conviction for conspiracy to distribute cocaine base and distributing cocaine base is affirmed where: 1) the district court did not erred in admitting evidence of two prior felony convictions under Federal Rule of Evidence 404(b); 2) it did not abuse its discretion in refusing to give a proposed lesser-included-offense instruction; and 3) it did not abuse its discretion in denying a motion for new trial.

Appellate Information

• Decided 08/08/2008
• Published 08/08/2008

Judges

• BEAM, Circuit Judge., Before MELLOY, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John F. Appelquist, Springfield, MO, argued, for appellant.


• For Appellees:
  
• David P. Rush, Asst. U.S. Atty., Springfield, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, Cynthia J. Hyde, Asst. U.S. Atty., Springfield, MO, on the brief), for appellee.